Petitioner
Intestate Estate of the Deceased Antonio Jayme y Ledesma. Fortunato E. Jayme
Respondent
Genoveva Gamboa
Citation
G.R. No. 47820
Court
Supreme Court
Division
First Division
Ponente
Ozaeta, J.
Decided
November 28, 1942

Summary

This inheritance case involved Fortunato E. Jayme's claim as the acknowledged natural son of deceased Antonio Jayme against the opposition of the widow and legitimate children. Born in 1883 before the Civil Code, Fortunato was acknowledged through his father's consistent paternal conduct under the Laws of Toro, which required only tacit recognition. The key legal issue was whether transitory provision rule 1 or rule 12 applied to his inheritance rights. The Supreme Court applied rule 12, holding that since Antonio died after the Civil Code took effect, the inheritance should be distributed according to the Code's provisions. The Court affirmed Fortunato's status as an acknowledged natural son and granted him inheritance rights under Civil Code article 840, reversing the trial court's denial of inheritance despite acknowledging his legitimate status.

Statutes applied

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By the Intellegal Editorial Board · November 28, 1942

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